Caring for adults in the EU: Work–life balance and challenges for EU law

Abstract

Unpaid carers of adults, as a group, have, until recently, been largely neglected by the EU. While a number of provisions of EU law – including anti-discrimination measures and protections for part time workers – may benefit (some) carers of adults in the workplace, the existing package of work–life balance regulation falls well short of a coherent approach to addressing the needs of this group. Growing concern about a crisis in social care across member states, linked to an ageing demographic, has recently focussed attention on inadequacies in the formal care sector; on the vital economic contribution of unpaid care; and on a projected rise in the need for care coupled with a decline in the availability of informal care as the population ages and family structures change. It has prompted interest both in the need to develop the formal care sector, with the opportunities this may present to create employment, and in the need to support ‘informal’ carers in the workplace. This paper explores the various policy drivers for EU regulation to support informal carers in the workplace and consider the potential difficulties in establishing a coherent legal response.

Keywords:

• eldercare
• work-family reconciliation
• equality
• EU law

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. While the Court has not yet considered whether discrimination by association can arise in relation to age, it is likely that protection would also be available for carers discriminated against because of their association with someone of a particular age.

2. In C-83/14 CHEZ Razpredelenie Bulgaria AD, (March 2015) Advocate General Kokott suggested that discrimination by association can arise in the context of indirect race discrimination. This could – if applied in relation to disability or age in an employment context – potentially amount to a significant protection for working carers. It is not yet known whether the opinion will be followed by the Court. See also Kulikaoskas v Macduff Shellfish, UKEATS/62/09 [2011] ICT 48 (no discrimination by association in relation to pregnancy).

3. The flexicurity agenda, launched in 2007, aims to promote both flexibility and security in the labour market.

4. European Commission (2012b) reports that in Italy eligibility for leave to take care of a disabled child is dependent on their being no suitable alternative carer; and in Malta eligibility for leave is dependent on there being no other live in carer available.